Category Archives: USA

1845: Abner Baker, feudmaker

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On this date in 1845 — sneering at the noose with the words “Behold the necklace of a whore!” — Abner Baker was publicly hanged in Manchester, Kentucky.

He was the second casualty — the first was the man whom he murdered — in the Baker-Howard feud, or the Clay County War, a bloody interfamily conflict that would blight the Kentucky mountains into the next century.

Its headwaters were a man out of his head: just how much so would be the controversy of his case, and a foundational grievance of the feud.

Said head perched itself on the shoulders of our man Abner Baker, who — prior to his unfortunate turn towards derangement — was a respectable frontier striver, with an unsuccessful stint in commerce redeemed by a medical practice. He had also to his name a wife born Susan White, a woman — or rather a 14-year-old girl — from a wealthy family who was respectable in the eyes of all save he.

As Baker slid into lunacy, he leveled at his spouse the most lurid charges of concupiscence, of having committed gleeful incest, of having orgies with slaves, and of cheating on him with another wealthy man, Daniel Bates. Bates was married to Baker’s sister.

Testimony printed in an 1845 volume to capitalize on interest in the case, Life and trial of Dr. Abner Baker, Jr: (a monomaniac) features many acquaintances establishing a delusional paranoia about his wife’s intercourse with Daniel Bates — with Baker brandishing a Bowie knife around her to the extent that their mutuals feared for her life; ranting about his wife cuckolding him in his very bed while he slept beside her; fixing on his certainty that Bates designed to murder him. They also report acquaintances, and Baker’s own father, increasingly convinced that the man had gone mad.

On September 13, 1844, Baker presented himself at Bates’s salt works and shot Bates in the back. Bates lingered on for several hours, doing much to stoke the succeeding generations of clan vigilantes by bequeathing $10,000 to seek his murderer’s life and making his son promise to take revenge.

The subsequent legal drama pitted that quest for revenge against Baker sympathizers’ conviction that the man was too starkers to swing. The first magistrates to review the matter days after Bates’s murder took the latter view and released him, allowing Baker to decamp to Cuba to recuperate.

The Bateses were not to be balked this easily, however, and prevailed on Commonwealth attorneys to indict Baker for murder. At the urging of his father, the good doctor voluntarily returned to defend himself when he learned of this. The text of the trial comprises witnesses clashing over whether the killer suffered from “monomania”, but the subtext was the flexing muscle of the White family — that of Abner Baker’s poor traduced wife.

The Whites were Clay County royalty on the strength of their salt mining wealth, and allied to the Bates family. Their peers and rivals, the Garrards, were locked in tense economic competition and even came within a whisker of murdering Daniel Bates himself in a different standoff in 1840. They took a more sympathetic view of Abner Baker’s obviously unbalanced mental state and tried to shield him from his persecutors; the Garrard patriarch was one of the magistrates who had initially ruled Baker too crazy to prosecute.* It was the Whites who, in effect, outmuscled the Garrards by forcing Baker’s prosecution and execution.

“The BAKERS wept with rage for the WHITES helping the BATES to bring Abner Baker to trial when they knew he was insane,” this history of Clay County feuding observes. “The lines had been drawn and competition for salt hardened into hostility.”

Enjoy a podcast situating this affair in the regional economy and the resulting political rivalries, from American History Tellers here, as well as a successor episode on the resulting feud, here

* Baker thanked the Garrards in his last address from the gallows (“the Garrard family, on whom I had no claims, came up like noble-souled men, and asked the county to give me justice”).

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2000: Ricky McGinn

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“I thought being away from the prison system would make me think about the things I’d seen less, but it was quite the opposite. I’d think about it all the time. It was like I’d taken the lid off Pandora’s Box and I couldn’t put it back on.

I’d open a bag of chips and smell the death chamber, or something on the radio would remind me of a conversation I’d had with an inmate, hours before he was executed. Or I’d see the wrinkled hands of Ricky McGinn’s mother, pressed against the glass of the death chamber, and I’d dissolve into tears.

–Michelle Lyons, former spokesperson for the Texas Department of Criminal Justice, on the burden she carries from witnessing some 300 executions. McGinn was executed by lethal injection on September 27, 2000, for raping and murdering his 12-year-old stepdaughter.

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1947: Yoshio Tachibana, ravenous

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On this date in 1947, Japanese Imperial Army Lt. Gen. Yoshio Tachibana was hanged as a war criminal.

A career officer whose own star rose along with Japan’s empire, Tachibana (English Wikipedia entry | Japanese) was one of the youngest generals on the squad and had command of the garrison on Chichijima, a Pacific island that’s part of the same archipelago as Iwo Jima.

According to Timothy Maga* evidence at the subsequent war crimes trials portrayed a monstrous pattern of routine murder of POWs and even a “cannibalism craze” driven by the unchecked sadism of Tachibana and some of his fellow officers.

Tachibana had beheaded his victim before the feast. Human flesh, he had boasted to his men, toughened him up, making him ‘strong for battle’. The Tachibana trial was truly an amazing spectacle, although it never received the press attention of less disturbing cases in Tokyo. The prosecution even charged that Tachibana’s example influenced young officers in his command, creating a certain reign of horror on Chichi Jima throughout late 1944 and early 1945. Yet finding ‘smoking gun’ evidence against Tachibana was difficult, and Rear-Adm. Arthur Robinson who presided in this case demanded evidence rather than damning tales. In August 1946, a team went to Chichi Jima and scoured the island. They found the bodies of eight of Tachibana’s victims. The torture, murder and cannibalism accusations against Tachibana numbered in the hundreds, but there was little left to prove any of them. Fourteen of Tachibana’s junior officers had been similarly charged, but, in the madness that was Chichi Jima, it was also difficult to assign specific murders to specific individuals …

Capt. Hiro Kasuga, who was briefly on Chichi Jima while en route to Tokyo near the end of the war, told the commission that one of the first things he saw on the island was several American POWs tied to stakes near Tachibana’s headquarters. All were starving, and, at one point, he dared to give one of the men a rice cake and water. The confusion of an American air raid had permitted him this action, for Tachibana, Kasuga learned, tortured all POWs in his keeping … he saw only one American servicman live longer than a couple of weeks on Chichi Jima. That soldier, Kasuga testified, had a decent command of the Japanese language, and Tachibana used him to translate American radio broadcasts. The wireless operator bayoneted him after ‘he was no longer of any use’, and Tachibana commended this subordinate for his action. Kasuga claimed that Tachibana and his officers regarded ‘human life of no more value than an old post at a dusty crossroads’. He said he ‘had been to hell’, and it was Tachibana’s Chichi Jima.

Kasuga’s credibility was in some doubt but corroboration came by way of an amazing character named Fumio Tamamuro. An American of Japanese descent, Tamamuro had the ill luck to be visiting relatives in Japan when the Pearl Harbor bombing abruptly opened war between the countries, and he was drafted into the Japanese army. He’d been under Tachibana’s command on Chichijima at the end of the war.

His testimony was in flawless English. Tamamuro claimed that he had befriended an American POW wireless operator translator. He also claimed to have witnessed the man’s execution, describing in detail the leather jacket and scarf that the victim was wearing at the time. This was critical, for the prosecution had found such a jacket and scarf near a road in Chichi Jima. They also found what was left of a body there, although identification was impossible. Tamamuro described the road and grave site in detail, noting that the victim had been ordered to dig his own shallow grave before the execution. When asked why he needed to be present during this murder, Tamamuro tearfully explained that he had promised his ‘friend’ that he would b there to the end.

The naval facilities and long-range radio there made Chichijima a regular magnet for U.S. bombing raids, which in turn assured a steady supply of captives to abuse courtesy of the island’s anti-aircraft batteries. The eight exhumed bodies referenced above formed the basis of the Tachibana’s eventual hanging, and it is these killings that are known as the Chichijima Incident — even though they might simply have been the latest and best-documented among many similar horrors.

In September 1944, eight downed flyers were captured by Chichijima’s defenders.

In the mischance of war, the Fates deal out good and ill luck by their own inscrutable logic. A ninth flyer might have numbered in this same batch, for he too was downed over Chichijima on the same mission. But 20-year-old Navy Lt. George Herbert Walker Bush bailed out of an exploding bomber, and somehow defied a head injury, the force of the tides, the pursuit of Japanese boats, and the monsters of the deep for a fascinating life that culminated as the 41st U.S. president. In his book about the Chichijima Incident, Flyboys: A True Story of Courage, James Bradley sketches the sliding door to an alternate timeline.

He splashed down about four miles northeast of the island and swam to a collapsible yellow one-man life raft dropped from another plane. He inflated it and climbed in. He had no paddles, and the wind was blowing him toward Chichi Jima.

“I could see the island,” Bush told me. “I started paddling with my hands, leaning over the front of the raft, paddling as hard as I could. A Portuguese man-of-war had stung my arm and it hurt. I had swallowed a few pints of water and I was vomiting. My head was bleeding. I was wondering about my crewmen. I was crying. I was twenty years old and I was traumatized. I had just survived a burning plane crash. I was all alone and I was wondering if I’d make it.”

Chichijima’s defenders had seen him go down too, and launched boats for him. The other pilots on the mission, running low on fuel, were able to strafe them away from the chase but as their fuel dwindled they had to abandon him, radioing his situation on to friendly forces.

For what seemed like an eternity, George paddled and hoped and paddled some more. “I had seen the famous photo of the Australian pilot being beheaded,” Bush told me, “and I knew how Americans were treated at Bataan. Yes, I had a few things on my mind.”

But the radio ping fired off by his fellow aviators spared the future president from those fates and worse, summoning for a rescuer the submarine USS Finback.


George Bush being fished out of the drink on September 2, 1944.

* “‘Away from Tokyo:’ the Pacific Islands War Crimes Trials, 1945-1949”, The Journal of Pacific History, June 2001. This book develops the evidence in greater detail.

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1959: John Day Jr., Korean War casualty

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From Legal Executions in Nebraska, Kansas and Oklahoma Including the Indian Territory: A Comprehensive History:

Day, John E., Jr.
September 23, 1959

On December 23, 1950, twenty-two-year-old John E. Day, Jr., a black private serving in Korea, made sexual advances toward the wife of Korean civilian Lee Hak Chum, sometimes given as Lee Mak Chun, in Seoul. Chum came to her defense but Day pulled a pistol and shot Chum to death. Day was immediately arrested, and in January 1951 he faced a general court-martial. Day was found guilty of murder and on October 1, 1951, he was sentence to hang at Fort Leavenworth, the first American to receive a death sentences during the Korean conflict. He was transported to the disciplinary barracks at Fort Leavenworth while the case was under review. The verdict and sentence were approved by the general staff and then the appeals process commenced. The case was considered numerous times but finally the U.S. Supreme Court, after eight years, approved the verdict and sentence, and the matter was forwarded to President Dwight D. Eisenhower. The president carefully considered the matter before issuing an executive order to proceed with the execution and set the date for execution at September 23, 1959.

Just before midnight Commandant Colonel Weldon W. Cox appeared at the cell door and escorted Day into the power plant building and onto the gallows platform. The prisoner took his place on the trapdoor where Colonel Cox read the warrant for execution of sentence. When the reading concluded Day declined to speak to the witnesses, and, while the chaplain prayed for his soul, Colonel Cox retired and turned preparations over to three sergeants. While the chaplain continued praying the three sergeants bound the prisoner’s limbs with straps, adjusted the noose, and pulled the black cap over his head. At 12:02 a.m. the trap was sprung and Day dropped, breaking his neck in the fall. An Army physician was in attendance and he pronounced Day dead in fifteen minutes, and then the remains were lowered into the coffin provided. He was buried in the military portion of the cemetery later that day.

Sources: Daily Herald (Utah County, UT): September 23, 1959. Dallas Morning News (TX): September 25, 1959.

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1927: Pascual Ramos, the last execution in Puerto Rico

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The last hanging in Puerto Rico history took place on this date in 1927.

Like most such instances, it was more remarkable as a milestone than as a crime. Pascual Ramos, piqued that he’d been fired from a night watchman job upon his boss’s accusation of theft, revenged himself upon that man:

According to eye witness accounts, on December 23, 1926, Pascual Ramos went to the Hacienda Sabater and “[n]ervously … circled the oxcart where Rosso was working. He stalked his prey for forty minutes, waiting for the proper moment to strike the mortal blow.” Those present were unaware of [Carlos] Ramos’ “fierce intentions” and, because of this “unfortunate circumstance, Pascual [Ramos] was able to close in reepeatedly, machete in hand, where Carlos Rosso was working.” Ramos tarried, “waiting for the moment in which Rosso was more exposed so as not to miss and make the blow more effective” …

The “lethal instant came” when Rosso kneeled to unscrew the wooden slab usually placed below an oxcart to keep it horizontal, lightened the load for the oxen while the cart was at rest. As Rosso “lowered his head” Ramos, “with the agility fo a beast, with the speed of a lightning bolt, lifted the weapon and let it fall with all his strength” in the center of Rosso’s neck, “miraculously not completely severing it … The head was left dangling from a thin muscle and, as Rosso’s body fell, lifeless, it resembled a heap of human flesh”.

Twenty-seven people were executed in Puerto Rico under American auspices, after the U.S. seized the territory during the Spanish-American War — including at least five via the holdover Spanish execution method of garroting.

The Puerto Rico legislature abolished the death penalty in 1929, and that prohibition was enshrined in the island-territory’s constitution in 1952. (Article 2, Section 7: “The right to life, liberty and the enjoyment of property is recognized as a fundamental right of man. The death penalty shall not exist.”)

The death penalty remains broadly unpopular in Puerto Rico, and the fact that one of the most prominent recent wrongful conviction cases on the mainland involved a Puerto Rican man, Juan Melendez, surely does the executioner’s standing no further favors. U.S. federal death penalty prosecutions there have a tough row to hoe.

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2014: Steven Sotloff, two lives

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On or just before this date in 2014, American journalist Steven Sotloff was beheaded by his Islamic State (ISIS/ISIL/Da’esh) captors.

A “standup philosopher from Miami” as he self-described, Sotloff was four months past his 18th birthday when the planes struck the towers. The grave that the American empire dug for itself thereafter had an annex sized for Steven Sotloff, too.

After post-graduate studies in Israel Sotloff reported from around the Middle East, notably filing some early stories from the 2012 attack on U.S. agents in Benghazi in a Libya consumed by chaos after NATO deposed Muammar Gaddafi.

On August 4, 2013, Sotloff was kidnapped entering Syria from Turkey. Actually, contrary to this post’s lead paragraph, ISIS wasn’t his captor — just the entity that received him from the Northern Storm Brigade, a US- and Turkish-backed rebel militia that bankrolled itself through smuggling and kidnapping.

“The so-called moderate rebels that people want our [the Obama] administration to support, one of them sold him for something between $25,000 and $50,000, and that was the reason he was captured,” a Sotloff family friend announced — voicing the taboo open secret of the violent Sunni extremists at the heart of the anti-Assad Syrian rebellion.

The journalist now became a chit in the nightmare economy of hostages and spectacle murder. When fellow American kidnap victim James Foley was beheaded in August 2014 in retaliation for American attacks on Da’esh in Iraq, the video of his execution warned that Sotloff would be next. As attacks on ISIS’s Iraqi positions did not abate, he was.

Days after Sotloff’s slaying was released to the world’s digital snuff film archives, the U.S. for the first time escalated its interventions in Syria to overt air strikes on ISIS’s in that country.

As Mark Ames summed up the dog’s breakfast, “here you have this CIA-backed and -trained militia group that kidnaps civilians, photographs with John McCain, allies with ISIS, kidnaps an American, sells him to ISIS, he winds up getting killed, and that winds up triggering American intervention into Syria.”

There’s a Steven Joel Sotloff Memorial 2LIVES Foundation that works in his memory, its name drawn from an elegant line in a letter Sotloff managed to have smuggled out of captivity: “Everyone has two lives; the 2nd one begins when you realize you have only one.”

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2006: James Malicoat, little Pranzini

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On this date in 2006, James Malicoat was executed in Oklahoma for beating to death his 13-month-old daughter.

As a criminal case, the matter was open-and-shut. “Malicoat admitted hitting Leadford’s head on a dresser a few days before she died and punching her twice in the stomach the day she died, causing her to stop breathing,” the Oklahoma Attorney General’s statement noted. “Malicoat used CPR to revive her before lying down beside her to take a nap. When he awoke, Malicoat noticed Leadford was dead. He put her in her crib and covered her with a blanket before going back to sleep. When Leadford’s mother returned from work, the couple rushed the child to the emergency room, but staff there determined she had been dead for several hours.” The killer never attempted to deny what he had done; even at his clemency hearing, he didn’t request mercy.

While his case made its ponderous path through the judiciary, Malicoat came into the correspondence of a Benedictine monk from a nearby monastery.

“When I first saw the crime, I thought, ‘He needs a friend more than the others. Everyone is going to shrink back because the crime was so horrendous,'” said Brother Vianney-Marie Graham in this moving profile of the two men’s relationship, which spanned the last five years of Malicoat’s life.

In long letters and intermittent visits, Graham coaxed the already-penitent Malicoat towards a spiritual catharsis — often calling him “my little Pranzini” in reference to an inspiration for his mission, the condemned 19th century French murderer Henri Pranzini whose soul was famously won for God by the ministry of Saint Therese of Lisieux. By coincidence — or was it more? — Pranzini and Malicoat shared an August 31 execution date.

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1929: John Fabri, condemned

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On this date in 1929, John Fabri — or Giovanni Fabri, as you’d call him in his native Italy — died in Sing Sing prison’s electric chair.

This case is the subject of an episode from the well-producedd Syracuse.com miniseries The Condemned. Enjoy it here; the entire series is here.

Thanks to @kilamdee for the tip on this resource.

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1955: Emmett Till lynched

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Emmett Till was lynched on this date in 1955.

He’s surely the most recognizable and symbolically powerful of America’s many lynch victims, thanks in large measure to his mother’s Mamie Till’s insistence on an open-coffin funeral that put Emmett’s mutilated face in front of media consumers worldwide.

In its narrow particulars, it resembles more closely a private vendetta than the mob justice evoked by a term like “lynch law”: in the dark hours after midnight the night of August 27-28, two white Mississippians, Roy Bryant and J.W. Milam, barged into the home of a sharecropper named Moses “Preacher” Wright and at gunpoint forced him to surrender his nephew. Chicago-raised and thus insufficiently alert to the full rigor of the color line, young Emmett had transgressed it a few days prior by apparently* hitting on Bryant’s wife, boasting of his prowess with white girls up north.

In retaliation for this offense, the two intruders bundled Emmett into their truck, took him to a barn where they bludgeoned him into the deformed horror that later shocked so many newspaper subscribers — after which they finished him off with a gun and dumped his remains into the Tallahatchie River.

While this was not as exalted as the more recognizably execution-esque summary justice of the whole town, no reader in this year of our lord 2020 can fail to recognize the wanton self-appropriation of policing power by vigilantes justifiably confident in their impunity. This informal extension of the state’s legitimate violence via extralegal but allied actors is a hallmark of lynch law, however its definitional boundaries are drawn.

And indeed an all-white jury predictably acquitted the killers in what they later acknowledged was an act of race-based jury nullification. In a jaw-dropping post-trial Look magazine interview, the pair — shielded from a “double jeopardy” re-trial by their acquittal — matter-of-factly admitted the murder. To the reporter’s eyes they behaved as if they “don’t feel they have anything to hide; they have never regarded themselves as being in legal jeopardy. Not even psychologically are they on the defensive. They took it for granted before the trial that every white neighbor, including every member of the jury and every defense attorney, had assumed that they had indeed killed the young Negro. And since the community had swarmed to their defense, Milam and Bryant assumed that the ‘community,’ including most responsible whites in Mississippi, had approved the killing.”

Yet Till as portrayed by his executioners was a far finer man than they.

Their intention was to “just whip him… and scare some sense into him.” And for this chore, Big Milam knew “the scariest place in the Delta.” He had come upon it last year hunting wild geese. Over close to Rosedale, the Big River bends around under a bluff. “Brother, she’s a 100-foot sheer drop, and she’s a 100 feet deep after you hit.”

Big Milam’s idea was to stand him up there on that bluff, “whip” him with the .45, and then shine the light on down there toward that water and make him think you’re gonna knock him in.

“Brother, if that won’t scare the Chicago ——-, hell won’t.”

…

But under these blows Bobo never hollered — and he kept making the perfect speeches to insure martyrdom.

Bobo: “You bastards, I’m not afraid of you. I’m as good as you are. I’ve ‘had’ white women. My grandmother was a white woman.”

Milam: “Well, what else could we do? He was hopeless. I’m no bully; I never hurt a nigger in my life. I like niggers — in their place — I know how to work ’em. But I just decided it was time a few people got put on notice. As long as I live and can do anything about it, niggers are gonna stay in their place. Niggers ain’t gonna vote where I live. If they did, they’d control the government. They ain’t gonna go to school with my kids. And when a nigger gets close to mentioning sex with a white woman, he’s tired o’ livin’. I’m likely to kill him. Me and my folks fought for this country, and we got some rights. I stood there in that shed and listened to that nigger throw that poison at me, and I just made up my mind. ‘Chicago boy,’ I said, ‘I’m tired of ’em sending your kind down here to stir up trouble. Goddam you, I’m going to make an example of you — just so everybody can know how me and my folks stand.'”

Taken to the riverbank where he’d be slain, Emmett Till bravely spat on his killers’ last offer of domineering clemency.

They stood silently … just hating one another.

Milam: “Take off your clothes.”

Slowly, Bobo pulled off his shoes, his socks. He stood up, unbuttoned his shirt, dropped his pants, his shorts.

He stood there naked.

It was Sunday morning, a little before 7.

Milam: “You still as good as I am?”

Bobo: “Yeah.”

Milam: “You still ‘had’ white women?”

Bobo: “Yeah.”

That big .45 jumped in Big Milam’s hand. The youth turned to catch that big, expanding bullet at his right ear. He dropped.

* The specifics of what transpired at the Bryants’ grocery to trigger the lynching have been finely parsed and disputed ever since 1955. At a maximally “incriminating” interpretation, he made a crude but unthreatening pass at Mrs. Bryant. By other readings the whole thing might have been merely a misunderstanding. In this author’s opinion, indulging the question of whether Emmett Till was “actually innocent” of wolf-whistling a white woman concedes far too much ground at the outset to his murderers.

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1909: Joe Gauvitte, wife-slayer

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From the Spokane, Wash. Spokesman-Review, Aug. 28, 1909:

Joe Gauvitte Is Hanged

Pays Death Penalty for the Murder of his Wife

WALLA WALLA, Wash., Aug. 27. — Joe Gauvitte, the bartender of Spokane, who killed his wife, was hanged at 5:50 this morning in the penitentiary yard. There were few visitors present and the prisoner was not allowed to speak on the platform, although he desired to do so, it being the wish of the warden that no death statement be given there.

In lieu of this, Gauvitte asked Father Jones to issue a statement thanking the officers for their courtesies and declaring he desired death. Father Jones arrived at Gauvitte’s cell at 4 o’clock and remained with him until the execution. Contrary to custom, the condemned man ate no breakfast, but devoted the time to his conference with the priest.

Joseph Gauvitte, who was hanged yesterday for wife murder, was arrested some time before he killed his wife, the evning of June 27, for having attempted to stab her. At another time he was arrested by complaint of his wife on a charge of insanity. According to his confession he was afraid she was about to leave him and he said he could not bear the thought of the separation.

In his confession, made to Prosecuting Attorney Fred C. Push, Captain of Police Coverly, Sergeant McPhee and Deputy Sheriff George Sweet, after his arrest for the murder, Gauvitte said:

The thought of killing my wife came to me on Saturday afternoon when I was at work. I thought that if I could not have her no one else could. I took a few drinks early in the night to nerve myself. While I was in the Bodega saloon my wife passed on a Broadway car and I went hurriedly down College avenue to reach the corner of Maple street before she got there. I waited and saw her alight from the car. I waited until she was almost abreast of me and then made sure she was the right person. Certain of her identity, I stepped out from behind a tree and fired point-blank at her twice. She groaned and staggered into the street and I followed. I was afraid I might only have wounded her, and I wanted to be sure to kill her.

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